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[No. VI.] 3 & 4 W. IV. c. 28.-An Act to repeal an Act of the Thirteenth year of his Majesty King George the First, for the better Regulation of the Woollen Trade.
[24th July 1833.] WHEREAS an act was passed in the thirteenth year of the reign of
his Majesty king George the first, intituled An Act for the better 13 G. 1. c. 23. Regulation of the Woollen Manufacture, and for preventing Disputes among the Persons concerned therein; and for limiting a Time for prosecuting for the Forfeiture appointed by an Act of the Twelfth Year of his Majesty's Reign, in case of Payment of the Workman's Wages in any other Manner than in Money: And whereas the said act is at this day not only unnecessary, but if enforced might be extremely injurious; and
it is therefore expedient to repeal the same: Be it therefore enacted, Recited act re&c., That the said recited act be and the same is hereby repealed.
[No. VII.] 3 & 4 W. IV. c. 9.-An Act for incorporating the Members of a Society commonly called "The Seaman's Hospital Society" and their Successors, as therein is mentioned and provided, and for the better enabling and empowering them to carry on the charitable and useful Designs of the same Society.
[No. VIII.] 3 & 4 W. IV. c. 50.-An Act to repeal the several Laws relating to the
[28th August 1833.]
[No. IX.] 3 & 4 W. IV. c. 51.-An Act for the manage-
[No. X.] 3 & 4 W. IV. c. 52.-An Act for the general
[No. XI.] 3 & 4 W. IV. c. 53.-An Act for the Prevention
[No. XII.] 3 & 4 W. IV. c. 54.-An Act for the Encouragement of British Shipping and Navigation.
[28th August 1833.] WHEREAS an act was passed in the sixth year of the reign of his
late Majesty king George the fourth, intituled An Act for the 6 G. 4, c. 109. Encouragement of British Shipping and Navigation, whereby the laws for the encouragement of British shipping and navigation were consolidated and amended: And whereas since the passing of the said act divers acts for the further amendment of the law have been found necessary, and it will be of advantage to the trade and commerce of the country that the said acts should be consolidated into one act: Be it Commence
ment of act.
3 & 4 W. 4,
Ships in which
therefore enacted, &c., That this act shall commence upon the first day of September one thousand eight hundred and thirty-three, except where any other commencement is herein particularly directed.
II. That the several sorts of goods herein-after enumerated, being the produce of Europe; (that is to say) masts, timber, boards, tar, tallow, only enumer- hemp, flax, currants, raisins, figs, prunes, olive oil, corn or grain, wine, ated goods of brandy, tobacco, wool, shumac, madders, madder roots, barilla, brimEurope may be stone, bark of oak, cork, oranges, lemons, linseed, rape seed, and imported. clover seed, shall not be imported into the united kingdom to be used therein, except in British ships, or in ships of the country of which the goods are the produce, or in ships of the country from which the goods are imported.
Between Guernsey, Jersey, &c.
tish possessions in Asia, &c.
III. That goods, the produce of Asia, Africa, or America, shall not be imported from Europe into the united kingdom, to be used therein, except the goods herein-after mentioned; (that is to say)—
Goods, the produce of the dominions of the emperor of Morocco, which may be imported from places in Europe within the straits of Gibraltar :
Goods, the produce of Asia or Africa, which (having been brought into places in Europe, within the straits of Gibraltar, from or through places in Asia or Africa within those straits, and not by way of the Atlantic ocean) may be imported from places in Europe within the straits of Gibraltar :
Goods, the produce of places within the limits of the East India company's charter, which (having been imported from those places into Gibraltar or Malta in British ships) may be imported from Gibraltar or Malta:
Goods taken by way of reprisal by British ships:
Bullion, diamonds, pearls, rubies, emeralds, and other jewels or precious stones.
IV. That goods, the produce of Asia, Africa, or America, shall not be imported into the united kingdom, to be used therein, in foreign ships, unless they be the ships of country in Asia, Africa, or America, of which the goods are the produce, and from which they are imported, except the goods herein-after mentioned; (that is to say)
Goods, the produce of the dominions of the grand seignor, in Asia or Africa, which may be imported from his dominions in Europe, in ships of his dominions:
Raw silk and mohair yarn, the produce of Asia, which may be imported from the dominions of the grand seignor in the Levant seas, in ships of his dominions :
V. Provided always, That all manufactured goods shall be deemed to be the produce of the country of which they are the manufacture.
VI. That no goods shall be imported into the united kingdom from the islands of Guernsey, Jersey, Alderney, Sark, or Man, except in British ships.
VII. That no goods shall be exported from the united kingdom to any British possession in Asia, Africa, or America, nor to the islands of Guernsey, Jersey, Alderney, Sark, or Man, except in British ships. VIII. That no goods shall be carried coastwise from one part of the united kingdom to another, except in British ships.
IX. That no goods shall be carried from any of the islands of Guernsey, Jersey, Alderney, Sark, or Man, to any other of such islands, nor from one part of any of such islands to another part of the same island, except in British ships.
X. That no goods shall be carried from any British possession in Asia, Africa, or America, to any other of such possessions, nor from one part of any of such possessions to another part of the same, except in British ships.
XI. That no goods shall be imported into any British possession in No. XII. Asia, Africa, or America, in any foreign ships, unless they be ships of 3&4W.4,c.54 the country of which the goods are the produce, and from which the goods are imported.
Imports.into British possessions in Asia, &c. XII. That no ship shall be admitted to be a British ship unless duly No ship Briregistered and navigated as such; and that every British registered tish, unless reship (so long as the registry of such ship shall be in force, or the certi- gistered, and ficate of such registry retained for the use of such ship) shall be navi- navigated as gated during the whole of every voyage (whether with a cargo or in such. ballast), in every part of the world by a master who is a British subject, and by a crew, whereof three-fourths at least are British seamen; and if such ship be employed in a coasting voyage from one part of the united kingdom to another, or in a voyage between the united kingdom and the islands of Guernsey, Jersey, Alderney, Sark, or Man, or from one of the said islands to another of them, or from one part of either of them to another of the same, or be employed in fishing on the coasts of the united kingdom or of any of the said islands, then the whole of the crew shall be British seamen.
although not registered.
XIII. Provided always, That all British-built boats or vessels under But vessels unfifteen tons burthen, wholly owned and navigated by British subjects, der fifteen tons although not registered as British ships, shall be admitted to be burthen adBritish vessels, in all navigation in the rivers and upon the coasts of mitted in navithe united kingdom, or of the British possessions abroad, and not progation upon ceeding over sea, except within the limits of the respective colonial rivers, &c. governments within which the managing owners of such vessels respectively reside; and that all British-built boats or vessels wholly owned and navigated by British subjects, not exceeding the burthen of thirty tons, and not having a whole or a fixed deck, and being employed Newfoundland solely in fishing on the banks and shores of Newfoundland, and of the fishery, &c. parts adjacent, or on the banks and shores of the provinces of Canada, need not be Nova Scotia, or New Brunswick, adjacent to the gulf of Saint Law- registered. rence, or on the north of cape Canso, or of the islands within the same, or in trading coastwise within the said limits, shall be admitted to be British boats or vessels, although not registered, so long as such boats or vessels shall be solely so employed.
30 tons for
XIV. Provided also, That all ships built in the British settlements at Honduras ships Honduras, and owned and navigated as British ships, shall be entitled to be as British, to the privileges of British registered ships in all direct trade between in trade with the united kingdom or the British possessions in America and the said united kingdom settlements; provided the master shall produce a certificate under the and colonies in hand of the superintendent of those settlements, that satisfactory proof has been made before him that such ship (describing the same) was built in the said settlements, and is wholly owned by British subjects; provided also, that the time of the clearance of such ship from the said settlements for every voyage shall be endorsed upon such certificate by such superintendent.
XV. That no ship shall be admitted to be a ship of any particular Ship of any country, unless she be of the built of such country; or have been made foreign country prize of war to such country; or have been forfeited to such country to be of the under any law of the same, made for the prevention of the slave trade, built of, or and condemned as such prize or forfeiture by a competent court of such prize to such country; or be British built (not having been a prize of war from country; or British-built, British subjects to any other foreign country); nor unless she be navi- and owned and gated by a master who is a subject of such foreign country, and by a navigated by crew of whom three fourths at least are subjects of such country; nor subjects of the unless she be wholly owned by subjects of such country usually residing country. therein, or under the dominion thereof: Provided always, That the country of every ship shall be deemed to include all places which are under the same dominion as the place to which such ship belongs.
XVI. That no person shall be qualified to be a master of a British Master and seaship, or to be a British seaman within the meaning of this act, except men not Bri
3 & 4 W. 4,
tish, unless na
tural born or
naturalized, or denizens, or subjects by conquest or cession, or
the natural-born subjects of his Majesty, or persons naturalized by any act of parliament, or made denizens by letters of denization; or except persons who have become British subjects by virtue of conquest or cession of some newly acquired country, and who shall have taken the oath of allegiance to his Majesty, or the oath of fidelity required by the treaty or capitulation by which such newly acquired country came into his Majesty's possessions; or persons who shall have served on board any of his Majesty's ships of war in time of war for the space of three years: Provided always, That the natives of places within the limits of of the East India company's charter, although under British dominion, shall not, upon the ground of being such natives, be deemed to be British seamen: Provided always, That every ship (except ships required to be wholly navigated by British seamen) which shall be navigated by one British seaman, if a British ship, or one seaman of the country of such ship, if a foreign ship, for every twenty tons of the burthen of such ship, shall be deemed to be duly navigated, although the number of other seamen shall exceed one fourth of the whole crew: Provided always, That nothing herein contained shall extend to repeal twenty tons suf- or alter the provisions of an act passed in the fourth year of the reign ficient to consti- of his late Majesty king George the fourth, for consolidating and tute a proper amending the laws then in force with respect to trade from and to places within the limits of the East India company's charter.
in his Majesty's ships of war. Natives of In
dia not to be
British seamen. One British seamen to
Foreigners having served
XVII. Provided always, That it shall be lawful for his Majesty, by his royal proclamation during war, to declare that foreigners, having served two years on board any of his Majesty's ships of war in time of such war, shall be British seamen within the meaning of this act.
two years on board his Majesty's ship XVIII. That no British registered ship shall be suffered to depart any during war. port in the united kingdom, or any British possession in any part of the British ship not world (whether with a cargo or in ballast), unless duly navigated: Proto depart Bri- vided always, that any British ships, trading between places in Ametish port unless rica, may be navigated by British negroes; and that ships trading duly navigated, eastward of the Cape of Good Hope within the limits of the East India company's charter may be navigated by Lascars, or other natives of countries within those limits.
If excess of
cannot be pro
XIX. That if any British registered ship shall at any time have, as foreign seamen, part of the crew in any part of the world, any foreign seaman not penalty 101. for allowed by law, the master or owners of such ship shall for every such each; except foreign seaman forfeit the sum of ten pounds: Provided always, That if a due proportion of British seamen cannot be procured in any foreign cured in foreign port, or in any place within the limits of the East India company's ports, or in In- charter, for the navigation of any British ship; or if such proportion be dia; or propordestroyed during the voyage by any unavoidable circumstance, and the tion destroyed master of such ship shall produce a certificate of such facts under the unavoidably; hand of any British consul, or of two known British merchants, if and certificate there be no consul at the place where such facts can be ascertained, or produced or from the British governor of any place within the limits of the East proof made. India company's charter; or, in the want of such certificate, shall make proof of the truth of such facts to the satisfaction of the collector and controller of the customs of any British port, or of any person authorized in any other part of the world to inquire into the navigation of such ship, the same shall be deemed to be duly navigated.
Proportion of seamen may be altered by pro
Goods prohibited only by navigation law may be imported for exportation.
XX. That if his Majesty shall, at any time by his royal proclamation, declare that the proportion of British seamen necessary to the due navigation of British ships shall be less than the proportion required by this act, every British ship navigated with the proportion of British seamen required by such proclamation shall be deemed to be duly navigated, so long as such proclamation shall remain in force.
XXI. Provided always, That goods of any sort or the produce of any place, not otherwise prohibited than by the law of navigation hereinbefore contained, may be imported into the united kingdom from any place in a British ship, and from any place not being a British possession in a foreign ship of any country, and however navigated, to be
warehoused for exportation only, under the provisions of any law in force for the time being, made for the warehousing of goods without payment of duty upon the first entry thereof.
XXII. That if any goods be imported, exported, or carried coastwise, contrary to the law of navigation, all such goods shall be forfeited, and Forfeitures the master of such ship shall forfeit the sum of one hundred pounds. XXIII. That all penalties and forfeitures incurred under this act shall Recovery of be sued for, prosecuted, recovered, and disposed of, or shall be miti- forfeitures. gated or restored, in like manner as any penalty or forfeiture can be sued for, prosecuted, recovered, and disposed of, or may be mitigated or restored, under an act passed in the present session of parliament for the prevention of smuggling.
[No. XIII.] 3 & 4 W. IV. c. 55.-An Act for the register-
Majesty king George the fourth, intituled An Act for the registering 6 G.4, c. 110. of British Vessels, whereby the laws in relation to the registration of British vessels were consolidated and amended: And whereas since the passing of the said act divers acts for the further amendment of the law have been found necessary, and it will be of advantage to the trade and commerce of the country that the said acts should be consolidated into
one act: Be it therefore enacted, &c., That this act shall commence Commenceupon the first day of September one thousand eight hundred and thirty- ment of act. three, except where any other commencement is herein particularly
II. That no ship or vessel shall be entitled to any of the privileges or No vessel to advantages of a British-registered ship unless the person or persons enjoy privileges claiming property therein shall have caused the same to have been until registered. registered in virtue of the said act, or of an act passed in the fourth
year of his said late Majesty's reign, intituled An Act for the registering 4 G. 4, c. 41. of British Vessels, or until such person or persons shall have caused the same to be registered in manner herein-after mentioned, and shall have obtained a certificate of such registry from the person or persons authorized to make such registry and grant such certificate as herein-after directed; the form of which certificate shall be as follows; videlicet,
THIS is to certify, That in pursuance of an act passed in the fourth Form of certifiyear of the reign of king William the fourth, intituled An Act [here cate of registry. insert the title of this act, the names, occupation, and residence of the subscribing owners], having made and subscribed the declaration required by the said act, and having declared that [he or they] together with [names, occupations, and residence of non-subscribing owners] [is or are] sole owner or owners, in the proportions specified on the back hereof, of the ship or vessel called the [ship's name] of [place to which the vessel belongs], which is of the burthen of [number of tons], and whereof [master's name] is master, and that the said ship or vessel was [when ' and where built, or condemned as prize, referring to builder's certificate, 'judge's certificate, or certificate of last registry, then delivered up to be cancelled], and [name and employment of surveying officer] having cer'tified to us that the said ship or vessel has [number] decks and [number] masts, that her length from the fore part of the main stem to the after 'part of the stern post aloft is [number of feet and inches], her breadth at the broadest part [stating whether that be above or below the main wales] is [number of feet and inches], her [height between decks if more than one deck, or depth in the hold if only one deck] is [number of feet and inches], that she is [how rigged] rigged with a [standing or running]
(1) See the 5 & 6 W 4, c. 56, post.